Fresh concerns over CPS guidance
Psychologists have spoken out against new Crown Prosecution Service guidance which would allow rape victims’ therapy notes to be accessed by courts.
04 October 2022
As reported last month, the BPS raised concerns over the move which, it said, could damage the trust between clients and therapists.
The BPS has also met with Dame Vera Baird, the Victim's Commissioner, RAPE Crisis and End Violence Against Women – a group of women's support services, researchers, activists, survivors and NGOs – to discuss the guidance. Counselling Psychologist Dr Yetunde Ade-Serrano emphasised the importance of trust between therapists and clients who have been victims of rape. 'For victims or survivors of rape, trust is an element of the human experience that may have been stripped away as a consequence of the event. Hence, the psychologist – as in all therapeutic relationships – endeavours to create an environment where the client is able to begin this learning process again, whilst feeling safe and nurtured to do so.'
Clinical Psychologist Julia Faulconbridge wrote in a blog that the guidance should have been a positive step as it clarified that victims of rape and sexual assault have a right to pre-trial therapy – something which was previously discouraged. However, Faulconbridge said the definition for when access to therapy notes is 'relevant' is lacking. 'There is no definition of what could be considered relevant and, having read the additional notes for therapists, I am no clearer about what grounds would be deemed relevant. Potentially anything in pre-trial therapy could fall into this category. As a therapist it is essential that you discuss issues of confidentiality, and the limits on it, before starting the therapeutic work. In my opinion, the guidance notes as they stand would not enable a therapist to understand those limits themselves or to be able to provide clarity for their client on what could constitute relevance.'
